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HEALTH - GENERAL -- TITLE 19. HEALTH CARE FACILITIES -- SUBTITLE 14. NURSING HOMES
§ 19-1405. Independent State monitor
- (a) Appointment. -- When the Department determines that there is a deficiency in a nursing home, the Department may appoint an independent monitor to oversee efforts made by the nursing home to achieve compliance with State and federal regulations governing nursing homes that participate in the Medicare and Medicaid programs.
- (b) Intermediate sanction. -- The appointment of a State monitor is an intermediate sanction that may be in addition to or in lieu of other sanctions.
- (c) Duties. -- The State monitor's duties may include:
- (1) Periodic inspections of a nursing home for the purpose of assessing the nursing home's compliance with State and federal regulations; and
- (2) Reporting to the Department and the nursing home its findings.
- (d) Department employees. -- The State monitor may not be an employee of the Department.
- (e) Costs. -- A nursing home shall be responsible for the costs associated with the appointment of a State monitor to the nursing home.
HISTORY: 2000, chs. 219, 488.
19-1406. Administrative appeal
- (a) Deposit in escrow account. -- Within 15 days of the request for an appeal by a nursing home, the nursing home shall deposit the amount of the civil money penalty in an interest bearing escrow account, the nursing home shall bear any cost associated with establishing the escrow account, and the account shall be titled in the name of the nursing home and the Department of Health and Mental Hygiene as joint owners.
- (b) Release of funds in escrow. -- When the Secretary issues the final decision of the Department:
- (1) If the decision upholds the imposition of the full civil money penalty, the escrow funds will be released to the Department within 15 days from the date of the decision;
- (2) If the decision upholds the imposition of a civil penalty, but reduces the amount of the civil penalty, the amount due the Department will be released to the Department with accrued interest within 15 days of the date of the decision and the balance will be released to the nursing home within 15 days of the date of the decision; or
- (3) If the decision reverses the imposition of the civil penalty, the escrow funds will be released to the nursing home within 15 days of the decision.
- (c) Hearing. --
- (1) A hearing on the appeal shall be held in accordance with the Administrative Procedure Act, under Title 10, Subtitle 2 of the State Government Article.
- (2) The Secretary shall have the burden of proof with respect to the imposition of civil money penalties under § 19-1404 or § 19-1413.1 of this subtitle.
- (3) A decision shall be rendered by the Office of Administrative Hearings within 10 working days of the hearing.
- (d) Reduction. -- A nursing home is entitled to a 40% reduction in the amount of the civil money penalty if it waives its right to a hearing within 30 days of the Department's order.
HISTORY: 2000, chs. 219, 488; 2002, ch. 47; 2003, ch. 21, § 1.
19-1407. Health Care Quality Account
- (a) Establishment. --
- (1) There is a Health Care Quality Account established in the Department.
- (2) The Health Care Quality Account shall be funded by civil money penalties paid by nursing homes and other penalties that the Office of Health Care Quality may assess.
- (3) The Department shall pay all penalties collected under this title to the Comptroller of the State.
- (4) The Comptroller shall distribute the funds collected under this title to the Health Care Quality Account.
- (5) The Health Care Quality Account is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
- (6) Any unspent portions of the Health Care Quality Account may not be transferred or reverted to the General Fund of the State, but shall remain in the Health Care Quality Account to be used for the purposes specified in this section.
- (b) Purpose. -- The Health Care Quality Account shall be used for training, grant awards, demonstration projects, or other purposes designed to improve the quality of care.
- (c) Regulations. -- The Department shall adopt regulations for the distribution of funds from the Health Care Quality Account.
HISTORY: 2000, chs. 219, 488; 2001, ch. 29, § 1; 2010, ch. 72.